The Logic Position of State Emergency Law in the Implementation of Regional Head Elections during the Covid-19 Pandemic

Ahmad Siboy, Sholahuddin Al-Fatih
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引用次数: 1

Abstract

The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. On the other hand, the regional head election is still be held during the pandemic. If the Covid-19 pandemic is considered a state emergency, the regional head election must be postponed until the pandemic is over.
新冠肺炎疫情期间国家紧急状态法在地区元首选举中的逻辑地位
这项研究的目的是描述国家紧急状态法作为颁布《政府代替法律条例》的基础的地位,并审查国家紧急状态法在大流行病期间实施地区选举中的地位的一致性。本研究采用了概念、法规、哲学和案例研究方法的规范性法律研究。本研究的法律资料来源包括一级、二级和三级法律资料。结果显示,新冠肺炎大流行被宣布为非自然灾害,符合制定国家紧急状态法的强制紧急条件。但是,新冠疫情与地方选举之间存在逻辑上的矛盾。一方面,新冠疫情是宣布国家进入紧急状态的理由,因此有必要以《代替法律的政府条例》的形式颁布国家紧急状态法。另一方面,大流行期间仍将举行区域首长选举。如果新冠肺炎大流行被视为国家紧急状态,则必须推迟地区领导人选举,直到大流行结束。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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